Terms of Use

PLEASE READ THIS DOCUMENT CAREFULLY.

 

SOAR LMS provides an online course creation platform designed to deliver massive open online courses, commonly referred to as MOOCs, (the “Services”), which enables end-users (“Students”) to connect with independent instructors (the “Instructors,” collectively with Students, “you” or the “Users,” each a “User”) who provide live and pre-recorded instruction and learning services (the “Courses”) through https://soarlms.com/ and subdomains, mobile applications, and other media managed by SOAR LMS (collectively, the “Sites”). These Terms of Use are entered into by and between you and SOAR LMS, and together with the Privacy Policy and any other documents they expressly incorporate by reference, govern your access to the Sites, as well as any content or functionality of the services, whether as a visitor or a registered user.

These Terms of Use are entered into by and between SOAR LMS and its Users and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User. Instructors’ access to the Sites are also governed by the Instructor Policy, which is incorporated into these Terms of Use. YOUR USE OF THE SITES, THE SERVICES, RELATED WEBSITES, AND/OR THE CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. The Sites and Services are offered to you conditioned on your acceptance of these Terms of Use and all terms, conditions, and notices contained herein. Please read the Terms of Use carefully before you start to use the Sites. By using the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy [hyperlink], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITES, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE SITES AND YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH PERMISSION. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE SITES OR REGISTER FOR AN ACCOUNT.

1. The Relationship Between SOAR LMS, Instructors, and Students

SOAR LMS provides a platform upon which Instructors may create, offer for sale, and administer Courses to Students in the context of SOAR LMS’s online marketplace. SOAR LMS is neither a Course provider nor an educational institution. Instructors are not employees of SOAR LMS. SOAR LMS is not responsible for interactions between Instructors and Students, with the exception of providing the technological means through which Instructors may broadcast and otherwise make available their Courses and, at each Instructor’s election, for processing payments through SOAR LMS’s payment gateway as described in the Instructor Policy. SOAR LMS is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor/Student relationship, including but not limited to, any Student’s reliance upon any information provided by an Instructor at any time.

As stated in our Privacy Policy, SOAR LMS only provides Instructors with the following information about the Students enrolled in their Courses: (1) name, (2) email address, and (3) the Instructor’s Course in which the Student has enrolled. SOAR LMS does not disclose any other information about Students to Instructors, and Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Instructor or other User on the Sites, which at all times shall be subject to the terms of our Privacy Policy.

2. Code of Conduct

In using the Services, you must behave in a civil and respectful manner at all times. Further, you agree not to use the Sites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information; or to impersonate or attempt to impersonate SOAR LMS, a SOAR LMS employee, or any other user or person or entity. SOAR LMS has the right, but not the obligation, to monitor all conduct on and content submitted to the Sites.

3. Instructor Fees and Refunds

Instructor Fees

SOAR LMS may charge Instructors fees to access certain features and functionalities of the Sites and the Services set to a multitiered subscription structure, described on our Pricing page (https://soarlms.com/pricing/). In turn, Instructors may charge Students certain fees for access to their respective Courses, and depending on how Instructors choose to process payment of those fees, SOAR LMS may charge a transaction fee, described in our Instructor Policy. Each User shall pay all fees and charges incurred through its respective account and billed to the User at the rates in effect for the pay period in which such fees and charges are incurred, and such User is solely responsible for payment. All paid plans are set to automatically charge at the beginning of each billing period unless you submit a cancellation request to us in writing via email or through our support form. If a User provides credit or debit card information to pay for the fees, that User represents and warrants that it is authorized to supply such information and authorizes SOAR LMS to charge that payment method on a regular basis to pay the fees as they come due. Each User shall pay all applicable taxes relating to its use of the Services and other products or services through its accounts. A User will not be allowed access to any portion of the Sites, the Services, or its content for which a prepaid fee is required unless and until SOAR LMS receives all fees and charges payable by that User. If a User’s payment method fails or its account is past due, then SOAR LMS may collect fees owed using other collection mechanisms, which may include charging other payment methods on file with SOAR LMS and/or retaining collection agencies or legal counsel.

Instructor Refunds

30 Day Refund Policy

School owners on paid plans are entitled to a full no-questions-asked refund upon terminating within 30 days of first upgrading to a paid or higher priced plan or within 30 days of the expiration of the owner’s promotional coupon. Refund requests made more than 30 days from the date a school owner initially upgraded to a paid plan or more than 30 days after the expiration of a promotional coupon will not be granted.

Annual Plan Refunds

School owners on annual plans are entitled to a full refund within 30 days of first signing up for an annual plan or within 30 days of the renewal of an annual plan. After 30 days, school owners may request to have their plan suspended and reinstated at the date of their choosing. For example, if a school owner requests a plan suspension two months after first signing up for an annual plan, the owner’s account will be downgraded and the owner will be issued a coupon for the remaining 10 months that has been paid for. The coupon can be used to reinstate the paid plan at any time. The coupon will be for the same plan tier that the school owner paid for (i.e. if the original plan was an annual Professional plan, the coupon will be for a monthly Professional plan).

Abuse of the Refund Policy

SOAR LMS reserves the right to refuse refunds to school owners who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.

4. Cancellation and Deletion

Cancellation

If you cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When you cancel a paid plan, your account will revert to a Free account and SOAR LMS may disable access to features available only to paid plan users.

Deletion

You may delete your account at any time. Accounts on the Free plan may be deleted from the Sites if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Accounts on paid plans will remain active unless you explicitly ask us to delete it when you cancel your paid plan. Upon termination, all licenses granted by SOAR LMS will terminate. In the event of account deletion for any reason, your course content may no longer be available. SOAR LMS shall not be responsible for the loss of such content.

5. Instructor Payouts and Student Refunds

Instructor Payouts

Instructors and their affiliates are paid for signups through PayPal 30 days after the end of the month in which a sale is made. This 30-day period is necessary to account for student refunds.

Student Refunds

If an Instructor uses SOAR LMS’s payment gateway, the Instructor’s Students are entitled to a full refund within 30 days of their initial class enrollment and payment. If a Student paid by PayPal, they will be refunded via PayPal directly via the Instructor’s PayPal account; If a Student paid by credit card, they will be refunded via the credit card processor within 7 days of the Instructor submitting a refund request via SOAR LMS.

6. Content, Licenses & Permissions

Content

The content on the Sites, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Content." Content uploaded, transmitted, or posted by Users, whether they are Instructors or Students, is referred to herein as “User Content.”

User Content is and remains that User’s property, and SOAR LMS’s only right to that User Content is the limited licenses to it granted in these Terms of Use. The Sites, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of SOAR LMS, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved. All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners. You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by SOAR LMS.

Your User Content is your responsibility. SOAR LMS does not control or monitor User Content and, as such, does not guarantee in any manner the content, reliability, validity, accuracy, or truthfulness of such User Content, including but not limited to Content presented through the Courses. By using the Services, you may be exposed to User Content that you consider offensive, indecent, or objectionable. SOAR LMS has no responsibility to keep such content from you and no liability for your access or use of any User Content to the extent permissible by law. Although we have no obligation to do so, we have the absolute discretion to remove, screen, or edit without notice any User Content posted or stored on the Sites, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Sites.

SOAR LMS’s Limited License for Use of the Services

SOAR LMS grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by SOAR LMS in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by SOAR LMS are reserved.

Your Limited License of Your User Content to SOAR LMS

While SOAR LMS does not claim any ownership interest in your User Content, we do need the right to use your User Content to the extent necessary to operate the Sites and provide the Services, now and in the future. For example, when an Instructor makes Course materials available to its Students through the Sites or a Student communicates with an Instructor on a discussion forum, SOAR LMS needs a license from those Users to display their respective Content on the Sites, as well as the right to sublicense that User Content to our other Users so that they can view that User Content. Therefore, by posting or distributing Content to or through the Sites, each User grants to SOAR LMS, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, irrevocable, worldwide license and right to use, display, publicly perform, reproduce, distribute, publish, modify, adapt, translate, create derivative works of, and otherwise use and exploit such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content. In doing so, the User represents and warrants that it owns and controls all of the rights to the User Content that it posts or otherwise distributes, and has the lawful right to post and distribute that User Content, to or through the Sites, and the use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any other person or entity.

If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Sites, as described in the section titled Our Limited License of Content to Users.

SOAR LMS’s Limited License of Content to Users

SOAR LMS grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print the portions of the Content available to Users on the Sites. For Students, this includes access and use of the Courses and content provided therein, for which they have paid all required fees. Such license is subject to these Terms of Use, and specifically conditioned upon the following:

  • Users may only view, copy, and print such portions of the Content for their own use;
  • Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms of Use;
  • Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
  • Users may not use any data mining, robots, or similar data gathering or extraction methods; and
  • Users may not use the Sites or Content other than for their intended purposes.

Except as expressly permitted above, any use of any portion of Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted herein, these Terms of Use, and your access to the Sites. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. SOAR LMS may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

Users represent and warrant that their use of the Sites and the Content will remain consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact SOAR LMS at the address set out at the bottom of these Terms of Use.

Use of Interactive Areas and the Sites

The Sites may contain discussion forums, bulletin boards, review services, or other forums in which Users or third parties may post content, messages, materials, reviews, or other items on the Sites ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You represent and warrant that any content you submit to any Interactive Areas complies with these Terms of Use and that you own or control all rights in and to that content. Any content submitted to any public area of the Sites is non-confidential and non-proprietary. By using any Interactive Areas, you agree that the content must comply with all applicable federal, state, local and international laws and regulation, and agree not to post any content containing material which is defamatory, discriminatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. You also expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable federal, state, or local law;
  • Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise associates, infers, or misrepresents the User’s affiliation with a person or entity;
  • Any tool or service that imports content from any platform that prohibits such services from accessing its platform for this purpose.
  • Unsolicited promotions, political campaigning, advertising, or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use and disclosure;
  • Viruses, corrupted data, or other harmful, disruptive, or destructive files;
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted, in SOAR LMS’s sole determination; and
  • Content that, in SOAR LMS’s sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose SOAR LMS or its affiliates or Users to any harm or liability of any kind.

Finally, SOAR LMS has a zero-tolerance policy towards unsolicited email or messages, commonly referred to as "spam." Users may not use the Interactive Areas or the Sites generally to send commercial or other messages to any third-party, within or outside of the Sites, if those messages are not solicited, authorized, or welcomed by the third-party, and in using the Sites, Users must comply with all applicable laws, including laws that apply in any jurisdiction, to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. If you believe that your own User Content violates any law or regulation, is inaccurate, or poses any risk whatsoever to any third party, it is your responsibility to take any corrective steps you deem necessary. If you believe that any third party’s Content or any SOAR LMS Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to SOAR LMS in accordance with the procedures that we maintain under our intellectual property policies as set forth in the section titled Intellectual Property.

7. Intellectual Property

The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SOAR LMS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Users may not engage in any activity on or through the Sites, including transmitting or using User Content, that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Sites that SOAR LMS believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent. Be advised that misrepresentations of infringement could result in liability for monetary damages and that SOAR LMS reserves the right to seek damages and indemnification from any party that submits a Notice of Claimed Infringement or Counter Notification in violation of the law. Consult an attorney before taking any action pursuant to the DMCA or to enforce trademark or other intellectual property rights.

Any Notice of Claimed Infringement and request for removal, and all Counter Notifications thereto, the requirements for which are listed below, should be sent to SOAR LMS’s Designated Agent by electronic mail at:

SOAR LMS

Email: info@soarlms.com

Please only use the above address for submitting the notices set forth in this Intellectual Property section. Any other correspondence about SOAR LMS, the operation of the Sites, or any other matter should be sent to contact@soarlms.com.

Notice of Claimed Infringement

If you believe in good faith that any Content has been used in a manner that infringes a copyright that you own or control, you may send a timely Notice of Claimed Infringement containing the following information:

  • A physical or electronic signature of the copyright owner, or person authorized to act on its behalf;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Sites, the easiest way being by providing us with the URL(s) leading directly to the allegedly infringing Content;
  • Your mailing address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For claims of trademark infringement, send a notice to SOAR LMS’s Designated Agent containing the preceding information as applicable to your trademark or service mark, including the mark, registration number if applicable, basis for your trademark claim, jurisdiction in which you claim trademark rights, and class of goods or services and accompanying description for which you assert trademark rights. Please note that a copy of your notice will be sent to the party who posted the content you report as infringing.

Counter Notification

If we remove your Content in response to a Notice of Claimed Infringement, we will notify you and offer to provide you with a copy of such notice. If you believe your Content was wrongly removed due to a mistake or misidentification of the Content, you may submit a timely Counter Notification to our Designated Agent that includes the following information:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled;
  • A statement, made under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled; and
  • Your name, mailing address, telephone number, and email address, and a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which SOAR LMS may be found, and that you will accept service of process from the party who submitted the Notice of Claimed Infringement, or its duly appointed agent.

Upon receiving an effective Counter Notification, SOAR LMS will promptly forward it to the reporting party. If the reporting party fails to notify SOAR LMS within ten (10) business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity, SOAR LMS will consider, in our sole discretion, restoring eligible Content to the Sites.

Our policy is to remove any User Content posted to the Sites by any User for whom SOAR LMS has received and acted on more than two takedown requests. SOAR LMS has discretion, however, to terminate any User’s account and/or access to the Sites or Services after receipt of a single Notification of Claimed Infringement, or in SOAR LMS’s in sole discretion.

8. Third Party Communications

SOAR LMS disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Sites that you may receive and any actions you may take or refrain from taking as a result of such communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. SOAR LMS assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity, or trustworthiness of the source or content of any such third-party communications.

Links to Other Sites

The Sites and posted User Content may contain links to third-party websites ("Third-Party Sites") and third-party content (“Third-Party Content”) as a service to those interested in this information. SOAR LMS may also have relationships with third party service providers who handle certain functions for the Sites. Your use of links to Third-Party Sites and any Third-Party Content, or service provided on this Sites or a third party site, is at your own risk. SOAR LMS does not monitor or have any control over, and makes no claim or representation regarding Third-Party Content or Third-Party Sites and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Sites. When you leave the Sites, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

9. Registration

To use certain Services, including providing or accessing Courses, you will need to register and obtain a password-protected account. You agree to provide accurate and complete information when registering and at all times thereafter. You are solely responsible for maintaining the confidentiality of your account, username, and password, and for all activities associated therewith. Please contact us at contact@soarlms.com if you suspect your account was compromised or was used without your permission, and promptly take steps to secure your account. After registering for a mySOAR LMS account, Students may save a credit card to their account in order to be able to enroll in and pay for multiple Courses through single sign on ("SSO").

To the extent permissible under applicable law, SOAR LMS will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use or misuse of your account, either with or without your knowledge. In cases where you have authorized or registered another individual, including minor children under the age of 18, to use your account, you are fully responsible for the online conduct of such person, controlling that person’s access to and use of the Sites and Services, and the consequences of any misuse by that person.

10. Errors and Corrections

SOAR LMS does not represent or warrant that the Sites or any services offered through the Sites will be error-free or otherwise reliable, free of viruses, or other harmful components, or that defects will be corrected or that they will always be accessible. SOAR LMS may make improvements and/or changes to the Sites and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Please contact individual Instructors directly to report errors in their respective Course content.

We reserve the right to amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to Users.

11. Assumption of Risk

You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.

DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.

THE SITES, SERVICES, COURSES, AND CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. SOAR LMS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOAR LMS HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SITES COMPLIES WITH THESE TERMS OF USE OR IS SUITABLE FOR ALL USERS. SOAR LMS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITES, SERVICES, OR COURSES INCLUDING, BUT NOT LIMITED TO, TECHNICAL FUNCTIONALITY OR INACCURACIES; (B) THIRD PARTY COMMUNICATIONS; (C) ANY THIRD PARTY CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THE SITES, SERVICES, COURSES, OR ANY PORTION THEREOF; (E) YOUR USE OF THE SITES; AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SOAR LMS, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITES, THE SERVICES, THE COURSES, ANY FACTS OR OPINIONS APPEARING THEREIN, THE CONTENT, OR ON OR THROUGH ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SOAR LMS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR ACCESS THE SITES, THE SERVICES, THE COURSES, THE CONTENT, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SOAR LMS SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICES, OR THE COURSES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, SOAR LMS’s SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SOAR LMS OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless SOAR LMS, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to your use or misuse of the Sites (including, without limitation, use in contravention of these Terms of Use, other SOAR LMS policies, and copyright and other intellectual property law).

13. Third Party Rights

The sections titled Disclaimer, Limitation of Liability, and Indemnification are solely for the benefit of SOAR LMS and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Use is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Use without SOAR LMS’s prior written consent.

14. Unlawful Activity; Termination of Access

SOAR LMS reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to Users, User accounts, email addresses, usage history, posted materials, IP addresses, and web traffic information. SOAR LMS may discontinue any User or visitor’s participation in the Sites and Services at any time for any reason or no reason. When SOAR LMS terminates a User’s account, that User’s Content will, shortly thereafter, not appear on the Sites, except for User Content submitted to our forum or comments on our blog, which may remain on the Sites after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS SOAR LMS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review user content material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein.

15. Remedies for Violations

SOAR LMS reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular IP address or other user identifier to the Sites.

16. Communications

SOAR LMS may notify Users of relevant information regarding the Sites and Services in any of the following ways: (a) by emailing Users at the contact information they provide in their account registration, (b) by posting a notice in dashboard areas of the Sites, and (c) by posting the notice elsewhere on the Sites in an area suitable to the notice. It is each User’s responsibility to periodically review the Sites for such notices.

Subject to the Privacy Policy, if you send to SOAR LMS or post on the Sites in any public area any information, ideas, inventions, concepts, techniques, or know-how ("User Submissions"), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that SOAR LMS can use such User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Sites or send them to us.

17. Governing Law and Jurisdiction; Disputes and Arbitration

These Terms of Use are governed by and construed in accordance with the internal law of the State of Wyoming without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the County of Wyoming in the State of Wyoming, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Use, any of SOAR LMS’s policies, or the Sites and/or Services, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a "Dispute") shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted inWyoming, unless you and SOAR LMS agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing SOAR LMS from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.

YOU AND SOAR LMS EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SOAR LMS AND ALL PARTIES TO ANY SUCH PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. California Civil Code Section 1789.3 Compliance

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about SOAR LMS must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to info@soarlms.com.

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

19. Privacy

Your use of the Sites is subject to our Privacy Policy.

20. Entire Agreement; Severability of Provisions; No Waiver

These Terms of Use incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, Courses, and Content. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

21. Changes to the Terms of Use

SOAR LMS may review and update these Terms of Use at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

22. Contact Us

If you have questions or concerns regarding these Terms of Use, the Sites, or the Services, you may contact us at:

SOAR LMS

Email: info@soarlms.com